Burger pleaded not guilty and alleged that contact occurred between the two players as he attempted to win possession. However, the Judicial Officer determined that Burger executed a reckless and sloppy tackle that was high and dangerous whilst the opposing player was in the air and therefore in a vulnerable position.

The JO determined the offence to be at the mid range of seriousness and there were no aggravating circumstances. However, there were several mitigating factors including Burger's remorse in relation to the incident, his excellent conduct during the hearing and his good disciplinary record.

During 34 test matches for South Africa, he had never been before a disciplinary committee for such an offence.